Neighbourhood disputes legislation now in effect

New legislation making it easier for neighbours to resolve their disputes over trees and fences is now in effect.

The new Neighbourhood Disputes Resolution Act now places the onus on the proper care and maintenance of a tree with the tree keeper and provides greater choices for neighbours about trees affecting their property. The Act also clarifies who is responsible for building and maintaining dividing fences and who is responsible for ensuring trees and branches do not impose on someone else’s property.

If someone believes a tree poses a danger or it is adversely affecting their land they can now write to the owner and request for the tree to be trimmed or removed. They will also be able to recover up to $300 for professional services to trim a tree less than 2.5 metres if either parties cannot agree on a resolution.

The new Act also includes a clear definition of a sufficient dividing fence, guidance for fence replacement and how installation costs should be apportioned.

If disputes cannot be informally resolved, the Queensland Civil and Administrative Tribunal (QCAT) can deal with these matters.